BASIS, PURPOSE, AND STATUTORY AUTHORITY The basis for these rules is found in the statutory requirement that the Commission properly administer and enforce Title 40, C.R.S., by establishing rules to regulate contract carriers of passengers by motor vehicle as defined by § 40-11-101(3), C.R.S.

These rules establish standards for operating a contract carrier of passengers by motor vehicle including, but not limited to, permit issuance and extension, the transferring of contract carrier permits, permit revocation, operational requirements, insurance requirements, tariff requirements, and civil penalty violations.

The statutory authority for these rules is §§ 40-2-108, 40-7-112 through 40-7-116, and 40-11-105, C.R.S. Table of Contents BASIS, PURPOSE AND STATUTORY AUTHORITY RULE (4 CCR) 723-23- APPLICABILITY.

1.

RULE (4 CCR) 723-23- DEFINITIONS.

2.

RULE (4 CCR) 723-23- TRANSFER, 3. CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL.

RULE (4 CCR) 723-23- MINIMUM CRITERIA 4. FOR ISSUANCE OR EXTENSION OF PERMIT.

RULE (4 CCR) 723-23- EXTENSION OF 5. PERMIT PROHIBITED.

RULE (4 CCR) 723-23- REVOCATION, 6. SUSPENSION, ALTERATION, AMENDMENT, OR CANCELLATION OF PERMIT.

RULE (4 CCR) 723-23- [RESERVED FOR 7. FUTURE USE.] RULE (4 CCR) 723-23- EXTERNAL 8. IDENTIFICATION OF VEHICLES.

RULE (4 CCR) 723-23- VEHICLES.

9.

RULE (4 CCR) 723-23- LEASING OF 10. VEHICLES.

RULE (4 CCR) 723-23- LETTER OF 11. AUTHORITY.

RULE (4 CCR) 723-23- EVIDENCE OF 12. PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.

RULE (4 CCR) 723-23- CONTRACTS.

13.

RULE (4 CCR) 723-23- [RESERVED FOR 14. FUTURE USE.] RULE (4 CCR) 723-23- ADVERTISING BY 15. CONTRACT CARRIERS PROHIBITED.

RULE (4 CCR) 723-23- TARIFFS TO BE 16. FILED.

RULE (4 CCR) 723-23- THROUGH 28 17. [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23- RULE EXEMPTION.

29.

RULE (4 CCR) 723-23- THROUGH 39 30. [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23- VIOLATIONS, CIVIL 40. PENALTY ASSESSMENTS.

RULE (4 CCR) 723-23- 723-23-Form E APPENDIX A.

RULE (4 CCR) 723-23- 723-23-Form K APPENDIX B.

RULE (4 CCR) 723-23-1. APPLICABILITY.

723-23-1.1 These rules apply to contract carriers by motor vehicle, as defined by § 40-11-101 (3), C.R.S., referred to in these rules as contract carriers. Contract carriers shall comply with these Rules and Regulations and all applicable statutes and laws of the Stat#eacute# of Colorado. 723-23-1.2 Nothing in these rules shall alter, amend, modify, suspend, or otherwise affect specific provisions, limitations, or requirements in any permit issued to any contract carrier. 723-23-1.3 In addition to these rules, contract carriers shall abide by the Commission's Rules of Practice and Procedure found at 4 CCR 723-1 and the Commission's Rules Regulating Safety for Motor Vehicle Carriers found at 4 CCR 723-15.

723-23-1.4 Form E and Form K, referred to in Rule 723-23-12, are appended to these rules as Appendix A and Appendix B, respectively.

RULE (4 CCR) 723-23-2. DEFINITIONS.

723-23-2.1 Certificate means a certificate of public convenience and necessity to operate as a common carrier by motor vehicle for hire.

723-23-2.2 Commission means the Public Utilities Commission of the State of Colorado. 723-23-2.3 Common carrier means every person directly or indirectly affording a means of transportation, or any service or facility in connection therewith, within this state by motor vehicle by indiscriminately accepting and carrying for compensation passengers between fixed points or over established routes or otherwise and includes lessees, trustees, or receivers thereof, whether appointed by a court or otherwise.

723-23-2.4 Contract carrier means every corporation, person, firm, association or persons, lessee, or trustee or any receiver or trustee appointed by any court, other than motor vehicle carriers as defined by § 40-10-101 (4) (a), owning, controlling, operating, or managing any motor vehicle used in the business of transporting persons for compensation or hire, over any public highway of this state between fixed points or over established routes or otherwise, by special contract or otherwise. 723-23-2.5 Independent contractor means a motor vehicle owner as used in § 40-11.5-102 (1) (a) (II), C.R.S.

723-23-2.6 Letter of authority means a document issued by the Commission to a contract carrier which specifies the type of service, the area of authorized service, and restrictions applied against the permit. 723-23-2.7 Management Agreement means a contract or agreement that transfers operational control of a permit. Management agreements do not apply to employees of the permit holder. 723-23-2.8 Motor vehicle means an automobile, truck, tractor, bus, or other self-propelled vehicle or any trailer drawn thereby operated by a contract carrier. Motor vehicle does not include a motor vehicle used in a people service transportation defined in § 40-1.1-102 (5), C.R.S., a motor vehicle used in a ridesharing arrangement defined in § 10-4-707.5 (2), C.R.S., a motor vehicle used in an “amusement ride” defined in § 40-10-101(3), C.R.S., or a motor vehicle used by a motor vehicle carrier exempt from regulation as a public utility defined in § 40-16-101 (4), C.R.S. 723-23-2.9 Permit means an operating authority issued by the Commission under § 40-11-103, C.R.S. 723-23-2.10 Type of service means charter, limousine, sightseeing, taxi, or scheduled service. RULE (4 CCR) 723-23-3. TRANSFER, CONSOLIDATION, MERGER, AND ACQUISITION OF CONTROL.

723-23-3.1. No contract carrier shall sell, lease, assign, execute a management agreement, mortgage, transfer, or create a security interest, by act or deed or by operation of law, or otherwise dispose of or encumber its permit, or any right or interest therein, by any means, directly or indirectly, or merge or consolidate its permit, or any part of it, without prior authorization from the Commission. Every sale, lease, assignment, management agreement, mortgage, encumbrance, transfer, merger, consolidation, or other disposition, made without the prior authorization of the Commission shall be void. 723-23-3.2. For the purpose of Rule 723-23-3, transfer of the permit shall be judged on the merits of each individual case. There shall be no transfer of control of the contract carrier permit except from those in control at the time ownership of the permit was previously approved by this Commission. 723-23-3.3. A transfer of a permit by means of foreclosure of a mortgage, deed of trust, or other lien or encumbrance upon the permit, or by an execution in satisfaction of any judgment or claim against the holder of the permit, shall not be effective without the approval of the Commission. In any proceeding, the party seeking foreclosure or execution shall obtain the permit holder's written consent to transfer, or in lieu thereof, a judicial order authorizing unilateral action by the lien holder, and shall further be required to join the permit holder, if available, as a party applicant to the proceedings. The fact that the Commission has approved an encumbrance is not an indication that a transfer within the meaning of Rule 723-23-3 has been authorized.

723-23-3.4. An application for transfer shall contain all information required by Rule 50 (g) of the Commission's Rules of Practice and Procedure. Applicants for a transfer of a permit must further establish that:

723-23-3.4.1. The transferee will engage in bona fide contract carrier operations under the permit.

723-23-3.4.2. All the rights held under each permit are sought to be transferred, or in the case of a split of the operating rights, the split is in the public interest. 723-23-3.4.3. The transfer will not result in the common control or ownership of duplicating or overlapping operating rights, unless it is agreed by the parties that the Commission may cancel any overlapping or duplicating operating rights, or unless the Commission finds the overlap is in the public interest or is immaterial. The term operating rights applies to both common carrier certificates and contract carrier permits.

723-23-3.5. The transferor must not cancel its insurance, surety bond, tariffs or contracts required to be on file with the Commission until the Commission has approved the transfer and the transferee has filed all documents in its own name. If the Commission grants temporary approval for the . operation of the permit, the transferor may cancel its insurance when the transferee has filed acceptable proof of insurance, filed all necessary documents, and the Commission has advised the transferee that it is authorized to begin operations.

723-23-3.6. The transferee shall file or cause to be filed with the Commission, if and when the transfer is authorized by the Commission, an adoption notice, whereby the tariff of rates, rules and regulations of the Transferor shall become and remain those of the Transferee until changed according to law and rules and regulations of the Commission. The transferee also shall file or cause to be filed with the Commission certificates of insurance as required by Commission rules. The transferee also shall file or cause to be filed an appropriate tariff and pay the issuance fee and annual vehicle identification fee. The transferor and transferee also shall file an acceptance of transfer, signed by both of said parties, accepting the terms and conditions of the Order authorizing the transfer, which acceptance must contain a statement to the effect that the transferee has complied with all provisions of the agreement of sale, lease or other transfer. Failure to comply with this requirement within the time prescribed by the Commission in the order granting the transfer, will result in dismissal of the application. 723-23-3.7. The transferee shall not begin operations until after the Commission has approved the transfer, all necessary documents have been filed with the Commission, and the Commission has advised the transferee that it is authorized to begin operations. 723-23-3.8. Whenever a contract carrier files for protection under Chapter 11 or Chapter 13 of the Federal Bankruptcy Code, it shall notify the Commission in writing. Every six months thereafter, the contract carrier shall file with the Commission a status report of the bankruptcy proceeding. RULE (4 CCR) 723-23-4. MINIMUM CRITERIA FOR ISSUANCE OR EXTENSION OF PERMIT. 723-23-4.1. In an application for a permit or for an extension of a permit: 723-23-4.1.1. An applicant shall bear the burden of proving that the service it proposes to provide to potential customers is specialized and tailored to the potential customers' distinct needs.

723-23-4.1.2. An intervenor may then present evidence to show it has the ability as well as the willingness to meet the distinctly specialized and tailored needs of the potential customers. 723-23-4.1.3. If an intervenor establishes it has the ability and willingness to meet the distinctly specialized and tailored needs of the potential customers, the applicant must then demonstrate that it is better equipped to meet such needs of the potential customers than the intervenor. 723-23-4.1.4. An intervenor must then establish that the proposed operation of the contract carrier will impair the efficient public service of common carriers serving in the same area as is proposed in the application.

723-23-4.2. A contract carrier permit shall not be granted or extended if as a result of the grant or extension, the contract carrier obtains ownership of duplicating or overlapping operating rights. The term operating rights applies to both common carrier certificates and contract carrier permits. For the purpose of this rule and Rule 723-23- 3.4.3, overlap and duplication exist when transportation in the same type of service is authorized between the same points under two or more separate operating rights which are owned or controlled by the same contract carrier. However, overlap and duplication will not be deemed to exist between different types of service.

RULE (4 CCR) 723-23-5. EXTENSION OF PERMIT PROHIBITED.

723-23-5.1. No contract carrier shall extend, or in any manner enlarge, diminish, change, alter, or vary the territory, route or routes, or the service authorized by its permit, or serve any point not included in its permit until authorized by the Commission.

723-23-5.2. No contract carrier may combine the authority granted in one permit with the authority granted in another permit to render a through transportation service not authorized by either individual permit, unless authorized by the Commission.

RULE (4 CCR) 723-23-6. REVOCATION, SUSPENSION, ALTERATION, AMENDMENT, OR CANCELLATION OF PERMIT.

723-23-6.1. After a hearing upon at least ten days' notice to the contract carrier affected, a permit may be revoked, suspended, altered, or amended by the Commission, for any of the following reasons: 723-23-6.1.1. Violation of or failure to comply with any statutory enactments concerning contract carriers.

723-23-6.1.2. Violation of or failure to comply with the terms and conditions of the permit. 723-23-6.1.3. Exceeding the authority granted in the permit. 723-23-6.1.4. Violation of or failure to observe and comply with any lawful order, rule, or regulation of the Commission.

723-23-6.2. Voluntary suspensions or cancellations may be granted by the Commission without hearing on application upon the terms and conditions which the Commission deems proper. Hearings on the application may be granted upon request by a party objecting to the requested suspension or by the applicant. The objecting party shall be permitted to present evidence which is relevant to the issue of suspension of the permit and not on any issue pertaining to the operating rights contained in the permit. RULE (4 CCR) 723-23-7. [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23-8. EXTERNAL IDENTIFICATION OF VEHICLES. 723-23-8.1. Every self-propelled vehicle operated by a contract carrier shall be marked in the following manner:

723-23-8.1.1. Name or trade name of the contract carrier as set forth in its permit; 723-23-8.1.2. A city or community in which the contract carrier maintains an office or terminal facility;

723-23-8.1.3. The letter and number of the permit issued to the contract carrier preceded by the letters CO PUC;

723-23-8.1.4. The marking shall be in numbers and letters that contrast sharply in color with the background on which the numbers and letters are placed; 723-23-8.1.5. The marking shall be readily legible, during daylight hours, from a distance of 50 feet while the vehicle is stationary;

723-23-8.1.6. The marking shall appear on both sides of the vehicle. 723-23-8.2. Vehicles having a seating capacity of less than eleven, including the driver, may meet the requirements of Rule 723-23-8.1 by affixing the markings required by Rule 723-23-8.1.3 to both the front and rear of the vehicle in the manner required by Rules 723-23-8.1.4 and 723-23-8.1.5. 723-23-8.3. All markings shall be removed from any vehicle which has been permanently withdrawn from service.

RULE (4 CCR) 723-23-9. VEHICLES.

723-23-9.1. A contract carrier shall either own the vehicles operated under its permit or lease the vehicles in accordance with these rules.

723-23-9.2. Any contract carrier permitting any person, firm, or corporation to operate vehicles under its permit, either with or without the authorization of the Commission, shall be responsible for any violations of the public utilities law or any of the rules and regulations of the Commission committed by the operator. 723-23-9.3. Vehicle Identification Stamps.

723-23-9.3.1. Before the first day of January of each calendar year every contract carrier shall apply to the Commission for the issuance of a vehicle identification stamp for each self-propelled vehicle which the contract carrier owns, controls, operates, or manages within the State of Colorado.

723-23-9.3.2. The vehicle identification stamps shall be valid for the calendar year for which they are purchased.

723-23-9.3.3. Vehicle identification stamps for contract carriers obtaining new authority or acquiring new or additional vehicles during the year may be obtained at any time during the year. 723-23-9.3.4. The vehicle identification stamps shall be affixed to the inside lower right-hand corner of the windshield of each vehicle. Contract carriers also registered under the Single State Registration System for regulated interstate carriers shall carry a copy of the Form RS-3 Registration Receipt in each vehicle in lieu of affixing the vehicle identification stamp to the windshield.

RULE (4 CCR) 723-23-10. LEASING OF VEHICLES.

723-23-10.1. Except as provided for in § 40-11.5-101 and § 40-11.5-102, C.R.S., no contract carrier shall lease or rent vehicles to be used under its permit except in accordance with these rules. 723-23-10.2. All leases shall be in writing, on a form supplied by the Commission. 723-23-10.3. All leases shall be signed by the lessor (owner of the vehicle) and lessee (permit holder). All leases shall contain at least the date of the agreement; names of the lessor and lessee; the make, year, and vehicle identification number; and specify the period of time for which they are to be in effect and the consideration to be paid by the lessee.

723-23-10.4. A copy of the lease shall be carried in the leased vehicle during the time that the lease is effective. A copy of the lease shall be maintained in the contract carrier's files during the time that the lease is effective and for six months after the vehicle leaves the contract carrier's control. 723-23-10.5. During the existence of the lease, the lessee shall have full discretion and complete control of the leased vehicle and will be fully responsible for its operation, in accordance with applicable laws and regulations, as if the lessee were the owner. This includes, but is not limited to compliance with marking requirements, safety of the vehicle and its equipment and accessories, and all required public liability insurance coverage.

723-23-10.6. Nothing in Rule 723-23-10 shall be construed to make an independent contractor an employee of the lessee.

723-23-10.7. Nothing in Rule 723-23-10 shall be construed to preclude a lessor and lessee from additionally using a more comprehensive form of lease supplementing the form of lease required by Rule 723-23-10. Any such comprehensive form of lease shall not contain provisions which conflict with the provisions contained in the Commission's form of lease. Any such comprehensive form of lease need not be filed with the Commission, but shall be kept available for inspection by the Commission. RULE (4 CCR) 723-23-11. LETTER OF AUTHORITY.

The contract carrier shall obtain an original letter of authority from the Commission. Copies of it shall be made by the contract carrier and placed in each vehicle operated by the contract carrier. RULE (4 CCR) 723-23-12. EVIDENCE OF PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.

723-23-12.1. Every contract carrier shall obtain and keep in force at all times Public Liability and Property Damage Insurance, or a surety bond providing similar coverage, issued by an insurance company or surety company authorized to do business in the State of Colorado, which shall not be less than the minimum limits set forth in Rule 723-23-12.3, with schedules and endorsements as required by the Commission, covering all vehicles which may be operated by or for, or which may be under the control of, the contract carrier. This coverage shall be accomplished by a “Waiver of Description” endorsement on each policy. Insurance coverage may not include retained risk provisions whereby the contract carrier is responsible for the payment of claims below a specified amount, except as provided in Rule 12.4". 723-23-12.2. The contract carrier shall cause to be filed with the Commission, in lieu of the original policy, a Form E Uniform Motor Carrier Bodily Injury and Property Damage Liability Certificate of Insurance, executed by a duly authorized agent of the insurer. The original policy shall be retained by the contract carrier and kept available for inspection by any authorized representative of the Commission. 723-23-12.2.1 All insurance coverage must be filed with the exact name, initials, corporate name and trade name (if any), and address as shown in the application or records of the Commission.

723-23-12.2.2 Subsequent name or policy number changes shall be reflected on the certificate by the insurer filing an endorsement.

723-23-12.3 The minimum insurance limits of combined single limit liability (CSL) for Rule 723-23-12 are as follows:

Schedule of Minimum Liability Limits Passenger carriers using amounts vehicles with:

Seating capacity of 7 $ 500,000 passengers or less Seating capacity of 8 $1,000,000 through 15 passengers Seating capacity of 16 $1,500,000 through 31 passengers Seating capacity of 32 $5,000,000 passengers or more For the purpose of this rule, “seating capacity” is defined as the number of adult passengers that may be comfortably seated within the motor vehicle, and does not include the driver. 723-23-12.3.1 Contract carriers operating under a waiver of the insurance limits granted by the Commission shall post the following notice in each of its passenger vehicles affected by the waiver:

NOTICE THE PUBLIC UTILITIES COMMISSION RULES GENERALLY REQUIRE $______________ AMOUNT OF INSURANCE ON A VEHICLE OF THIS SIZE. HOWEVER, THIS COMPANY SOUGHT A WAIVER FROM THIS RULE AND HAS BEEN AUTHORIZED TO OPERATE WITH $_________________ OF COMBINED SINGLE LIMIT LIABILITY INSURANCE. THIS LIMIT MAY NOT COVER THE TOTAL AMOUNT OF CLAIM IN THE EVENT OF A SERIOUS ACCIDENT.

The contract carrier shall enter the appropriate amount of insurance required by Rule 723-23-12.3 and the amount authorized by Commission waiver in the appropriate blank spaces. The notice shall be printed in letters of not less than 18 point size or typed in all upper-case letters and posted in a manner that makes it readily visible to each passenger.

723-23-12.4 Contract carriers obtaining a Certificate of Self-Insurance under the provisions of § 10-4- 716, C.R.S., shall file a copy of the certificate with the Commission. Upon renewal of the certificate, the most current certificate shall be filed. Contract carriers holding valid Certificates of Self-Insurance may obtain insurance policies which contain self-insured retention provisions up to an amount not to exceed $65,000 without seeking a waiver of these rules.

723-23-12.5 Every insurance certificate required by and filed with the Commission shall be kept in full force and effect, unless and until canceled by 30-day written notice, on Form K Uniform Notice of Cancellation of Motor Carrier Insurance Policies, from the insurer to the Commission,. which time shall run from the date the notice is received by the Commission and the certificate shall contain a statement to this effect.

123-23-12.6 Summary Suspension and Notice of Show Cause Proceedings. 723-23-12.6.1 Whenever the Commission records indicate that a contract carrier's liability insurance is canceled, and there is no proof on file with the Commission indicating replacement coverage, the contract carrier's authority will be summarily suspended until the Commission receives proper proof of new coverage as required by Commission rules or until the contract carrier's authority is revoked pursuant to the Commission's show cause procedures. 723-23-12.6.1.1 A contract carrier receiving notice of summary suspension shall not conduct operations under its authority or permit until proper proof of insurance is filed with the Commission.

723-23-12.6.1.2 The summary suspension will be lifted without further order of the Commission when proper proof of insurance is received by the Commission. 723-23-12.6.2 The Director of the Commission shall send a notice of show cause proceedings to a contract carrier that fails to maintain proper proof of insurance as required by Commission rules. The notice shall advise the contract carrier that its authority to operate is summarily suspended.

RULE (4 CCR) 723-23-13. CONTRACTS.

723-23-13.1 No contract carrier operating in Colorado shall engage in any act of transportation for hire unless the contract carrier has a bona fide contract, either written or oral, with the customer for whom the transportation is to be performed.

723-23-13.2 Copies of all written contracts and memoranda of oral contracts in effect between a contract carrier and a customer shall be retained by the contract carrier in the office of the contract carrier and shall be available for inspection by the Commission at all times. Contracts and memoranda of oral contracts shall be preserved for three years after their expiration. 723-23-13.3 The terms of each oral contract entered into between a contract carrier and a customer shall be recorded in a memorandum by the contract carrier within 24 hours after the oral contract is entered into.

723-23-13.4 Each written or oral contract shall include provisions for all transportation and accessorial services to be provided, including, but not limited to, the name of the contract carrier, the name of the customer, the name of the person or persons with whom the contract was negotiated, the date and term of the contract, and the principal origin and destination points of the transportation. 723-23-13.5 The contract carrier shall not enter into written or oral contracts with customers not specifically named in the permit.

723-23-13.6 The failure of a contract carrier to comply with any provision of Rule 723-23-13, including the inability of a contract carrier to provide a copy of a written contract or memorandum of an oral contract to the Commission, shall be prima facie evidence that the contract carrier is operating unlawfully and in violation of its permit. The contract carrier may then be subject to a proceeding instituted by the Commission to revoke, suspend, alter, or amend the permit or to the imposition by the Commission of a civil penalty assessment against the contract carrier.

723-23-13.7 The Commission is empowered to investigate at any time any contract, to approve any contract, and to disapprove any contract for cause.

723-23-13.7.1 For purposes of Rule 723-23-13.7, cause may include, but not be limited to, failure of the contract, or the transportation performed thereunder, to conform to Rule 723-23-7 or any other order, rule or statute affecting the contract carrier. RULE (4 CCR) 723-23-14. [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23-15. ADVERTISING BY CONTRACT CARRIERS PROHIBITED. No contract carrier shall advertise on the Internet, in any newspaper, magazine, or other publication, or otherwise hold itself out to serve the public indiscriminately. Nothing in this rule shall be construed to prohibit any contract carrier from soliciting contracts for the transportation of passengers as entitled under the law.

RULE (4 CCR) 723-23-16. TARIFFS TO BE FILED.

723-23-16.1 Every contract carrier shall file with the Commission, within the time and in the form prescribed, and shall keep on file with the Commission at all 'times, tariffs which clearly reveal the rates and charges being assessed for all transportation and accessorial services performed. 723-23-16.2 No contract carrier shall refund or remit, directly or indirectly, in any manner or by any device, any portion of the rates and charges specified in the applicable tariff. RULE NUMBERS (4 CCR) 723-23-17 THROUGH 28 [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23-29. RULE EXEMPTION.

723-23-29.1 A contract carrier may file written application for relief from Rules 723-23-1 through 723-23- 28, which states the grounds for relief. The Commission at its discretion, may either grant the application or set the matter for hearing to determine whether good cause exists to grant the application for rule exemption. Good cause includes hardship to the applicant. 723-23-29.2 For the purposes of obtaining a waiver of the insurance liability limits found in Rule 723-23- 12.3 of these rules and regulations, “good cause” may include, but will not be limited to the following: 723-23-29.2.1 The community or market that the applicant serves will be left without service if the waiver request is not granted;

723-23-29.2.2 The applicant is unable to recover the cost of insurance from rate increases due to competition from other carrier services; or 723-23-29.2.3 A Commission finding that the applicant's financial solvency would be jeopardized by failure to grant the waiver and further finding that the benefits to be achieved by granting the waiver and continuing the contract carrier service outweigh the potential disadvantages.

RULE NUMBERS (4 CCR) 723-23-30 THROUGH 39 [RESERVED FOR FUTURE USE.] RULE (4 CCR) 723-23-40. VIOLATIONS, CIVIL PENALTY ASSESSMENTS. 723-23-40.1 Intentional Violations. Any person shall be deemed to have committed an intentional violation, as set forth in § 40-7-113 (1) (g) or § 40-7-114, C.R.S., if, after having been issued a written notification of any violation, said person commits a violation of the same statute, rule, or regulation. The existence of an intentional violation within the meaning of this rule may also be shown by other facts, circumstances or conduct as may be provided by law.

723-23-40.2 Multiple offenses. The violation of more than one statute, rule, or regulation during the course of one 24-hour period shall constitute multiple offenses for which civil penalties may be assessed as set forth in these rules.

723-23-40.3 Separate offenses. Each violation of a statute, rule, or regulation within the scope of these rules shall constitute a separate offense for which a civil penalty may be assessed as set forth in these rules.

723-23-40.4 Violations of Statutes and Rules.

723-23-40.4.1 A violation of §§ 40-11-103(1) or 40- 11-104, C.R.S., may result in the assessment of a penalty of up to $400.00.

723-23-40.4.2 A violation of any other provisions of Title 40, C.R.S., pertaining to contract carriers, except as provided for in Rule 723-23-40.4.1; may result in the assessment of a penalty of up to $200.00.

723-23-40.4.3 A violation of Rules 723-23-3.1 or 723-23-3.7; 723-23-5.1 or 723-23-5.21; or 723- 23-12.1, 723-23- 12.3 relating to minimum insurance limits, or 723-23-12.4, of these rules, may result in the assessment of a penalty of up to $400.00. 723-23-40.4.4 A violation of Rules 723-23-10.2 and 723-23-13.2, of these rules, may result in the assessment of a penalty of up to $200.00.

723-23-40.4.5 Any violation of any other rule of these rules, except as provided for in Rules 723-23-40.4.3 and 723-23-40.4.4, may result in the assessment of a penalty of up to $100.00. 723-23-40.5 Repeat Violations of Statutes or Rules.

723-23-40.5.1 Any person who receives a second civil penalty assessment for a repeat violation of the statutes or rules listed in Rule 723-23-40.4 within one year after the first violation may be assessed two times the amount specified for such second violation. 723-23-40.5.2 Any person who receives more than two civil penalty assessments for a repeat violation of the statutes or rules listed in Rule 723-23-40.4 within one year may be assessed three times the amount specified for each such subsequent violation. ROLE (4 CCR) 723-23-APPENDIX A: 723-23-Form E 723_23_1'4 CC.jpg ROLE (4 CCR) 723-23-APPENDIX B: 723-23-Form K 723_23_2'4 CC.jpg